Court rules woman to be paid Sh1.5 million by firm over use of her photo

You have been ordered

A tea worker busy at work

Kenya Tea Development Agency (KTDA) was ordered by the Kerugoya High Court to pay Sh1.5 million to a woman whose photo they used for marketing purposes without their consent.

Judge Lucy Gitari ruled that the company had used Ann Njoki Kumena’s image on its brochures for commercial purposes without her go-ahead.

Gitari stated that the move by KTDA was an infringement on Kumena’s rights.

“Having considered the purpose for which the photograph was used which was for commercial purposes, a reasonable award ought to be given to the plaintiff.

“I find that an award of Sh1,500,000 is reasonable in the circumstances,” ruled Gitari.

Justice Gitari further pointed out that Kumena proved that the government company had used the photo without her authorization and had not paid her any compensation fee.

The photo had been published on a brochure titled Kenya Teas: Our field, Our process and captioned Plucking Green Leaf.

KTDA however argued that they had obtained the go ahead from Kumena after she accepted voluntarily posed for the photo to be taken.

Workers fired over loss of birthday card

In a different case, last Thursday, an Employment and Labour Relations Court ruled that Plan International, which is an international NGO, to pay two Kenyan employees who were fired over loss of a birthday card and calculator.

Andrew Nyawade Omondi and Catherine Mulwa had been sacked after they wrongly posted the items sent to a Standard Eight pupil by a foreign sponsor.

Justice Nelson Aboudha stated that the move by the organisation to terminate the contracts of the two was unfair and harsh.

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